COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: Jerry M. Keepers, M.D., Eric Kay-Fung Chan, M.D., and Vista Community Medical Center, LLP d/b/a Surgery Specialty Hospitals of America v. Michael Smith and Valerie Smith Appellate case number: 01-20-00463-CV Trial court case number: 2019-47101 Trial court: 295th District Court of Harris County Date motion filed: August 5, 2022 Party filing motion: Appellant

The en banc court has unanimously voted to deny the motion for en banc reconsideration filed by appellant, Jerry M. Keepers, M.D. It is ordered that the motion is denied.

Judge’s signature: __/s/ Julie Countiss_________ Acting for the En Banc Court* *En banc court consists of Chief Justice Radack and Justices Kelly, Goodman, Landau, Hightower, Countiss, Rivas-Molloy, Guerra, and Farris.

Date: ___August 23, 2022_____